I am happy to say that we are still achieving resolutions around the world.

Only last week, a forum member in India successfully fought Dell in the local courts and not only was successful in receiving a full refund for a laptop that was six years old, but he was also successful in receiving compensation for the mental stress that he suffered during the two year court battle with Dell.

Not all cases take two years to resolve so this was a testament to the unwavering persistence of the claimant. I am happy to state that this forum and my assistance was paramount to his success.

One of the defence points submitted by Dell's Lawyers was that the claimant was "greedy" for pursuing a claim on the grounds that the laptop was four years old.

They even claimed, which was completely without merit, that the claimant had breached the "Doctrine of clean hands".

For those of you who are unaware, the "Doctrine of clean hands" means that a person going to court must be free of unfair conduct.

"How" you may ask "did the claimant act unfairly?"

Well, no doubt this forum and the advice I was giving the claimant played a role in that defence point.

Gladly the Judge saw through Dell's defence and duly awarded in the claimants favour.

There have been many more success stories, most of which were the subject of what I would call "gagging orders" though in legal speak these are known as "Non-disclosure orders".

This is where the claimant accepts a resolution on the condition that they do not disclose to others that they have been successful.

I strenuously oppose such settlements as the claimants in question have a right to a resolution and no such resolution should be agreed with such caveats.

I am sad to report that I am now seeing a rise in the presence of the BGA defect in more and more laptops containing ATI GPU's.

Whilst this forum was primarily setup to address the defect in the Nvidia GPU's. the process for reaching a resolution for laptops containing an ATI GPU is exactly the same.

In essence the law is this.

If you purchase a product and that product fails due to an inherent or manufacturing defect at any time up to six years from the date of purchase then both the Sale Of Goods Act 1979 (as amended) and the Limitations Act of 1980 gives you the absolute right in law to take legal action against the retailer.

The operative word here being the "retailer".

Most retailers will try to fob you off to the manufacturers or worse, deny that you have any rights in law.

But the law is clearly on your side and if you are persistent then you will, if your laptop is indeed inherently defective, reach a positive resolution.

If you purchased your laptop by credit card then you have even more rights as the purchase is covered by the Consumer Credit Act.

This means that the credit card company is "jointly and severally liable" with the retailer. In essence you can choose to pursue the credit card company if the retailer is either unwilling to help or has gone out of business.

If your laptop has failed prematurely and it is under six years old then why throw it away an purchase another?

If we can prove the presence of an inherent defect then you would be entitled to either a free repair or a pro-rated refund.

Even if your laptop is not a HP do your recognise one of these faults?

If so then STOP!!! Don't pay for that laptop repair. Your laptop probably contains one of the defective Nvidia chips and you could claim for a refund/replacement from the retailer where you purchased it.

All the help and advice on this site is free.

Should the retailer request that you obtain an independent engineers report on your laptop then we can help with that also.

Pop in and introduce yourself to the forum members.

Please let us know which laptop you have and, if possible, the model of Nvidia card.

If you don't know which version of the defective Nvidia card then no problems, we will find that out for you.

Please, as with all the sections on this forum, no libellous comments or your post will have to be removed for legal reasons.

So, don't be shy, come on in, we are here to help.

If you are wondering why we have to edit/remove libellous posts then please refer to the following case of Godfrey Vs Demon Internet Service:-

As you may be aware Comet have now ceased trading. This is not good news if you have purchased from them.

If you paid by cash or debit card then unfortunately you will not be able to make a claim against Comet, though you may be able to make a claim against the manufacturer.

If you paid on credit or by a credit card then you would be able to pursue a Section 75 refund from the credit card company as the card company is jointly and severally liable with the retailer if the goods in question are inherently defective.

Click on the word "Comet" above to enter the forum and let me know the details of the purchase and I will advise further.

Disclaimer:- All the information and advice that I give in this forum is derived from either the Sale Of Goods Act, other legal material or my personal experiences in taking legal action against retailers. Whilst we have had tremendous success against the retailers I have to state that I am not a Lawyer and do not profess to be. If at any time you are unsure about your legal rights then you should seek the advice of a legally qualified person. Nothing on this site should be considered legal advice.

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